A Northampton County judge erred in refusing to allow a jury to view a videotape of an evasive and untruthful Barbara Kitchen, according to District Attorney John Morganelli's appeal of the judge's ruling.

Two weeks ago, as Kitchen was about to go on trial for the homicide of her former boyfriend, Donald Reiman of Bath, the proceeding was put on hold when prosecutors objected to Judge James C. Hogan's refusal to permit the tape and said they would appeal the ruling to the state Superior Court.

Hogan, according to transcripts released after the in-chambers discussion, said portions of the tape contained accusatory statements by police that could inflame the jury and prejudice the Lower Nazareth Township woman's right to a fair trial.

In the document filed with the criminal division Wednesday afternoon, Morganelli said the fact that Kitchen was properly advised of her rights, including that anything she said could be used against her, and that she waived those rights, and that the tape contained important evidence for the commonwealth's case were reason enough to permit it.

The judge's attempt to limit the admission of the tape, which precludes the jury from "observing and hearing the defendant's evasive, false and internally inconsistent statements as to knowledge and participation in the murder" violates the Pennsylvania Rules of Evidence, said the appeal.

Under the rules, false or conflicting statements are admissible because the jury may infer that they were made with an intent to divert suspicion or to mislead police and are an indication of guilt, the appeal said.

Kitchen and her lover, John Mead of Catasauqua, are charged with criminal homicide and criminal conspiracy for Reiman's September 1997 shooting death. Prosecutors contend that Kitchen lured Reiman to an area near the Hokendauqua Creek dam and Mead shot him twice.

Mead, according to police, said he shot Reiman because Kitchen told him he had sexually assaulted her. He had been scheduled to testify against Kitchen before his case came to court, but that also has been put on hold.